HomeMy WebLinkAboutG9c-150202-ELV_RequestTLPFebruary 2, 2015
Secretary
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
Subject: Filing of Notice of Intent and Pre‐Application Document, and Request for
Approval to Use the Traditional Licensing Process for the
Crooked Creek and Jim's Lake Hydroelectric Project No. P‐14514
Dear Secretary:
Pursuant to Section 5.3 of the Commission’s regulations, 18 CFR § 5.3, the Community of Elfin
Cove dba Elfin Cove Utility Commission (ECUC) hereby requests use of the Traditional Licensing
Process (TLP) for the licensing of the Crooked Creek and Jim's Lake Hydroelectric Project.
Concurrent with this filing, but under separate cover, ECUC is filing its Notification of Intent and
Pre‐Application Document (PAD) for the Project.
We address below the following considerations to justify our request to use the TLP.
Likelihood of Timely License Issuance [18 CFR § 5.3(c)(1)(ii)(A)]
ECUC believes that use of the TLP will significantly facilitate timely issuance of a license for
this project. ECUC has already completed many of the resource studies necessary to
complete the licensing process and, with use of the TLP, expects that remaining resource
studies can be completed during the 2015 field season. By contrast, the Integrated
Licensing Process (ILP) would not result in approved study plans until late 2015, deferring
remaining studies to the 2016 field season. As a result, the TLP will allow filing of a draft
license application in late 2015, and a license decision in 2016. If supported by FERC and
stakeholders during TLP stage 1 consultations, ECUC may request that the draft license
application (TLP stage 2 consultation) be waived and proceed to final license application,
further expediting the licensing process.
Complexity of the Resource Issues [18 CFR § 5.3(c)(1)(ii)(B)]
The proposed project is a small (140 kW) project located on two minor waterways near
Elfin Cove. The complexity of resource issues is expected to be low. Anticipated complexity
of specific resource issues is summarized in the following table. More detailed discussion is
provided in the PAD.
Elfin Cove Utility Commission P‐14514
Crooked Creek and Jim's Lake Hydroelectric Project Request to use Traditional Licensing Process
February 2, 2015 Page 2 of 4
Resource Complexity Comment
Geology and soils Typical
‐ Topographic surveys completed
‐ NRCS soils data reviewed
‐ Site soils investigations planned for 2015
Water Resources Low ‐ Hydrology surveys 2008 ‐ current
Fish and Aquatic Resources None
‐ Fisheries survey completed in 2013
‐ Alaska Dept. of Fish and Game has determined that
a fish habitat permit is not required for project.
Wildlife and Botanical Resources Typical /
Low
‐ Local residents indicate no unique wildlife / botanical
resources in project area.
Wetlands, Riparian, and Littoral
Habitats Typical ‐ Initial wetland surveys complete. Final planned for
2015.
Rare and Threatened Species Low ‐ Only occur in marine waters near project.
Recreation and Land Use Low ‐ Minimal use in project area.
Aesthetic Resources Low ‐ Project impacts consistent with land owner
management plans.
Cultural Resources Low or none ‐ Study planned for 2015
Socio‐Economic Resources None ‐ Project has positive impact
Tribal Resources Low or none ‐ Study planned for 2015 (part of cultural resources
study)
River Basin Resources None ‐ None applicable
Level of Anticipated Controversy [18 CFR § 5.3(c)(1)(ii)(C)]
The level of anticipated controversy over this project is expected to be low. Many of the
resource studies necessary for the project have already been completed, and have not
identified significant or controversial resource issues.
Informal consultations to date with the Alaska Department of Fish and Game have already
resulted in a finding that the project does not present a threat to the small number of
resident fish present in the lower reach of Crooked Creek below the project. Surveys have
determined that other project waters have no fish.
The U.S. Forest Service (USFS) District Ranger and staff visited Elfin Cove and the project
site in May 2014, and support this project. The project is mostly located on USFS land.
Remaining resource issues and studies for this project are not expected to result in a high
level of controversy.
Relative Cost of the Traditional Licensing Process Compared to the Integrated
Licensing Process [18 CFR § 5.3(c)(1)(ii)(D)]
Anticipated savings from using the TLP instead of the ILP are expected to result from the
following factors:
Elfin Cove Utility Commission P‐14514
Crooked Creek and Jim's Lake Hydroelectric Project Request to use Traditional Licensing Process
February 2, 2015 Page 3 of 4
‐ The greater flexibility in review timelines allowed by the TLP will provide ECUC and
stakeholders the most efficient process to collaboratively scope resource studies and
complete public and agency consultations necessary to develop license documents.
‐ The ILP schedule would place the initial scoping meeting and site visit in April 2015, but
it is logistically difficult to visit the project site at this time of year due to rough seas and
snow cover. Practically, the site visit would need to be deferred to a later date,
incurring additional costs to coordinate a separate visit and mobilize personnel to Elfin
Cove and the project site. In contrast, the TLP schedule places the meeting and site
visit in May 2015, avoiding these travel and logistical issues.
‐ The accelerated schedule that ECUC anticipates can be achieved with the TLP will
enable ECUC to complete the licensing process in 2016, earlier than anticipated under
the ILP. This will enable ECUC to proceed with project construction at an earlier date,
resulting in more timely economic relief to local ratepayers when the project is
completed and operational.
The Amount of Available Information and Potential for Significant Disputes Over Studies
[18 CFR § 5.3(c)(1)(ii)(E)]
Many of the resource studies needed for the project have already been completed (see
table on previous page and the PAD), and have been shared with the appropriate resource
agencies. The result is a significant base of existing information about the project and
resources in the project area. As a result, ECUC believes there is limited potential for
significant disputes over the studies that remain to be completed.
Other Pertinent Factors [18 CFR § 5.3(c)(1)(ii)(F)]
No other pertinent factors are noted at this time.
For all of the foregoing reasons, ECUC respectfully requests that the Commission grant this
request and authorize ECUC to use the TLP for the licensing of the Project.
As required by 18 CFR § 5.3(d)(1), ECUC is concurrently providing copies of this request to all
affected resource agencies, Indian tribes, and potentially interested parties. Copies are
provided to the distribution list in the Notice of Intent. As required by 18 CFR § 5.3(d)(2), ECUC
is publishing notice of this request simultaneously with the publication of notice of availability
of the NOI and PAD in the Juneau Empire, a local newspaper of general circulation in the region
where the Project is located.
By this letter, ECUC is notifying the resource agencies, Indian tribes, and potentially interested
parties that comments on this application must be provided to the Commission and ECUC no
later than 30 days following the filing date of this document. This comment deadline is March
5, 2015. All comments should reference Project No. 14514 — Crooked Creek and Jim's Lake
Hydroelectric Project, and they should address, as appropriate to the circumstances of the
request, the following topics: